The ConVal School District is asking a judge to reconsider his decision of last week and order the state to pay the school districts’ actual transportation costs to the tune of nearly $3 million.
On Wednesday, ConVal and three other school districts filed a motion for reconsideration of the June 5 Cheshire County Court decision that favored the school districts’ assertion that the state is underfunding education.
“The schools are happy the courts are recognizing the state is currently underfunding education,” said Michael J. Tierney, an attorney for the school districts.
But added, these school districts believe the burden on the local taxpayers must be lifted this year or next, in 2020.
“There are other areas they are underfunding. There are other areas where the state is constitutionally obligated to fund. The court did not dispute any of the facts that were submitted in the pleadings and so the court should have ordered the state specifically not to underfund education or transportation for education,” Tierney said.
Under the current funding formula rural schools suffer the most when it comes to getting adequate state funds to cover transportation costs per student to and from school, ConVal, Mascenic, Monadnock and Winchester school districts are arguing in the June 12 motion for reconsideration.
The motion for reconsideration is asking the court for injunctive and declaratory relief with a court order requiring the state to provide additional transportation funding for the 2019/2020 fiscal year of $1,225,582.40 for ConVal, $350,441.36 for Winchester, $1,111,042.74 for Monadnock and $299,283.79 for Mascenic for a total of $2,986,350.29.4.
The motion is also asking the court to grant the school districts previous motions:
■For a summary judgment on the basis that the state does not have a compelling interest in funding teacher benefits at the arbitrary rate of 33 percent of teacher salary.
■For a summary judgment on the basis that the state law determining the current funding formula is “facially unconstitutional.”
■To deny the state’s motion to dismiss Education Commissioner Frank Edelblut and Gov. Chris Sununu as defendants in the case in their individual capacities.
The state has 10 days to file a response to the motion for reconsideration. There is no time period for a response from the court.
“There is no specific time period,” Tierney said. “Based on my experience in other cases it varies greatly how quickly a motion for reconsideration gets ruled on.”